Most drivers have a blood alcohol concentration limit of 0.08%. In order to measure someone’s BAC during a traffic stop, the police will administer a breath test. Some drivers are subject to lower limits, such as commercial drivers or those who are under 21 years old.
If the results of that breath test show that the driver was over their legal limit, many people assume that this means they are guaranteed to be convicted on DWI charges. They see the breath test as clear and unequivocal evidence that shows they are guilty of breaking the law. But is this actually true?
There are ways to challenge a breath test
Not necessarily. You can challenge the results of the breath test, which may not be fully accurate.
For example, officers need proper training on how to administer the breath test. If the officer never received training, it may not be clear if they performed the test correctly. When you can identify certain mistakes that the officer made, which could have increased the BAC reading, it may demonstrate that those results are unreliable.
Additionally, breath test devices need to be calibrated periodically to check their accuracy, and routine maintenance may need to be carried out. But if the police department neglected the device, never performing routine maintenance or keeping calibration records, then it is unclear whether the driver actually exceeded the BAC limit. Once again, the results may not be fully reliable in a DWI case.
Your defense options
This demonstrates how you may be able to challenge your breath test results, which is one potential defense option to consider. It can help to work with an experienced law firm as you look into all of your options and move through the legal system.
